April 2, 2010, Newsletter Issue #107: What is child custody and what are my rights as a parent?
Tip of the Week
Child custody and visitation, in general, is decided in a divorce proceeding by a judge having jurisdiction over the parties, i.e., in the county where the parents reside.
It is the determination made by that judge as to where the child or children will live and also what visitation, if any, will be granted to the parent that does not have custody, or care of the child or children. State law says that parents of any child born within a marriage have the joint legal right to guardianship for the care, custody and control of that child.
Each parent's rights are equal unless a determination is made by a court of law, which would indicate that the child might be in danger when in the care of one of the parents. Allegations of abuse and physical threat must be proven to eliminate parental rights. In most cases, the law and courts prefer for the children to have equal and ample access to both parents during and after a divorce has occurred.
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